Goods and services (Directive 2004/113)

• Author: Nathalie Wuiame
• Pages: 55-57

55

9Goods and services (Directive 2004/113)91

9.1General (legal) context

9.1.1Surveys and reports about the difficulties linked to equal access to and supply of

goods and services

Nothing to report.

9.1.2Specific problems of discrimination in the online environment/digital

market/collaborative economy

There is absolutely no relevant literature to mention, nor case law or complaints relating

to gender discrimination in the collaborative economy.

The only measures adopted until now to regulate the collaborative economy are of a fiscal

nature. However, access to and provision of goods and services fall within the material

scope of the Gender Act of 10 May 2007, and any person involved in such activities is liable

under the act. So, hypothetically, if for instance, provider A makes himself known to

platform B as a car driver, but only for women, and if B takes heed of such restriction,

potential user C, a man, might complain of gender discrimination against A as well as B -

in so far as he ever knew he had been a victim.

9.1.3Political and societal debate

Bianca Debaets, the Secretary of State for Equal Opportunities of the Brussels Region, and

Wheel of Care - a group of nurses and midwives offering home care - launched a campaign

on breastfeeding in public in 2018. About 20 bars and restaurants now display a sticker on

their windows indicating that young mothers are welcome to breastfeed their children on

their premises. In addition to these stickers, the business will also offer a cushion to

facilitate breastfeeding and a changing table. All Brussels socio-cultural centres are also

'breast feeding friendly'.

9.2Prohibition of direct and indirect discrimination

National law prohibits direct and indirect discrimination on the ground of sex in access to,

and the supply of, goods and services. The horizontal prohibition of discrimination is laid

down in Article 19 of the Gender Act of 10 May 2007. Under Article 8, the prohibition is

applicable to access to goods and services, a notion defined in Article 6(1)(1).

9.3Material scope

The material scope of national law relating to access to goods and services is broader than

specified in Directive 2004/113, as Article 6(1)(1) does not exclude the content of media,

advertising and education from the material scope of the Gender Act of 10 May 2007.

9.4Exceptions

National law has not applied the exceptions from the material scope, regarding the content

of media, advertising and education, given the lack of the adoption of an ancillary royal

decree required by Article 4(5) of the Gender Act (see Section 9.5 below).

91 See e.g. Caracciolo di Torella, E. and McLellan, B. (2018), Gender equality and the collaborative economy,

European network of legal experts in gender equality and non-discrimination, available at

https://www.equalitylaw.eu/downloads/4573-gender-equality-and-the-collaborative-economy-pdf-721-kb.